Allegations of a botched UVA rape investigation at center of a challenge to the Campus SaVE Act

Today, the local Charlottesville paper, C-Ville, published this story about the Marsh Law Firm’s case against the United States Department of Education and the University of Virginia. Here are some excerpts from the piece.

Filed in federal court in Washington, D.C. on March 6, the suit is intended as a landmark civil rights action that could derail the controversial Campus Sexual Violence Elimination (SaVE) Act, according to Doe’s attorney James Marsh. Touted as a major reform turning point by supporters, SaVE pushes more responsibility for preventing sexual assault onto colleges. The new federal law gets some things right, Marsh said—particularly education initiatives aimed at students—but it seriously undermines recent federal efforts to force schools to take a harder line on sexual assault cases.

And without the stick of tough federal laws behind them, colleges and universities won’t crack down on sexual violence, said Marsh. There’s just not enough incentive. “The victims’ lobby pales in comparison to the university presidents’ lobby,” he said. “This is our legal recourse.”
…

The implementation of the Campus SaVE Act loomed, said Marsh, a piece of legislation he said looks like reform, but actually masks big backwards steps in combating college sexual assault—most notably, by eliminating the preponderance standard set forth three years ago by the DOE. It also removes the time limit for colleges to resolve sexual assault cases.

So his client is petitioning a judge to force a resolution in the long-stalled federal investigation of UVA’s policy, demanding, in essence, that both the government and the courts square the contradictory regulations now on the books.

“We’re trying to make these issues public, get them discussed, to have the Department of Education indicate how they’re going to be proceeding in these cases,” Marsh said. “This is really a test case.”
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Marsh said his client’s case—and her long wait for an answer from the government—is evidence that it’s going to take more than that to stop sexual violence on college campuses. The suit is leverage, he said in a fight to push UVA and schools like it to protect women.

Without clear rules for handling rape cases, “what can happen is you have a long, slow, wide, and disparate watering down of women’s rights,” said Marsh.
 

Read the full story here at C-Ville.com.

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James R. Marsh

Partner at Marsh Law Firm PLLC

A University of Michigan Law School graduate, James represents victims of campus sexual assault and rape; Title IX violations; sex abuse in schools, colleges, churches, and government and military institutions; online sexual exploitation; child pornography; sextortion, and revenge porn. His case on compensation for victims of child pornography in federal criminal restitution proceedings was recently decided by the United States Supreme Court. That case, United States v. Paroline, led to the Amy and Vicky Child Pornography Victim Restitution Improvement Act currently pending in the House and Senate. James founded the nationally recognized Children's Law Center in Washington, DC, and is an experienced trial attorney, and frequent commentator, lecturer, and Huffington Post Blogger. He now leads Marsh Law Firm in New York which is recognized worldwide for its work helping sexually abused survivors obtain justice and rebuild their lives with dignity and respect.

Latest posts by James R. Marsh (see all)

• He said it was consensual. She said she blacked out. U-Va. had to decide: Was it assault? - July 14, 2016
• Victory! Court Rules The Campus SAvE Act Has No Effect On Title IX - March 24, 2015
• Rape On Campus: University Of Virginia Rape And Its Aftermath - November 23, 2014